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    Question

    In which of the following cases can courts intervene in

    an arbitral proceeding?
    A When arbitration is completed. Correct Answer Incorrect Answer
    B When arbitration fails. Correct Answer Incorrect Answer
    C When it is proved that one of the party was under some incapacity Correct Answer Incorrect Answer
    D When arbitral order is signed Correct Answer Incorrect Answer
    E In no case courts shall intervene in an arbitral proceeding. Correct Answer Incorrect Answer

    Solution

    As per The Arbitration and Conciliation Act, 1996   S.34   Application for setting aside arbitral award. — (1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3). (2) An arbitral award may be set aside by the Court only if— (a) the party making the application furnishes proof that— (i) a party was under some incapacity, or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or (v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or…………..   Topic discussed as important topic in class and also provided in course videos, notes.

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